Attorneys representing the plaintiff who was awarded $14.2 million by a Franklin County jury last month have filed a motion to amend the judgment and are asking for an additional $3.3 million in interest.
According to court documents, the motion cites a state statute imposing a 6.25 percent interest rate on the award and would result in an additional $3,373,538 going to plaintiff Vincent Lowe.
The motion states the judgment failed to include post-judgment interest.
“It is without question that individuals have a fundamental Missouri constitutional right to use and enjoy property free from arbitrary governmental interference,” the documents read. “The United State Supreme Court has recognized post-judgment interest as part of ‘just compensation’ guarantee of the U.S. Constitution for government takings of private property. Any denial of post-judgment interest equates to taking, in that Vincent has a property interest in his court judgment that should be free from any arbitrary government interference.”
The motion also states the fact that inflation exists and there is a time-value of money is beyond dispute.
Allowing a judgment debtor to delay payment without compensating Vincent devalues his judgment without compensation.
Attorneys representing Mercy Hospital and the two doctors named in the malpractice suit also have filed multiple post-judgment motions which could alter the final results of the award.
Since Dec. 1, seven post-judgement motions have been filed including one for a new trial on specific exhibits in the lawsuit.
Mercy has said they will appeal the overall verdict as well.
The judgment signed by Associate Circuit Judge Stanley Williams Nov. 3, states Lowe will receive a total of $12,820,990 for past economic damages, past noneconomic damages, future medical damages and future noneconomic damages.
The judgment states Dr. Bryan Menges, D.O., and Mercy Hospitals East Communities will be responsible for $9,259,604, or 65 percent of the total judgment.
Dr. James Cassat, M.D., and Mercy Clinic East Communities will be responsible for $3,561,386, or 25 percent of the settlement.
Mr. Lowe’s 10 percent fault of $1,424,554 was subtracted from the original $14.2 million award.
The jury trial was conducted between Oct. 30 and Nov. 3.
The malpractice case was originally filed in March 2016 and the alleged incident occurred in April 2014.
In his complaint, Lowe contended the Mercy Clinic East Communities accepted him for the purpose of providing medical, surgical, emergency treatment and services to him. But instead Mercy’s agents, employees and staff breached those duties, he alleges.